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Ongkeko v. BPI
Ongkeko v. BPI
. Lina Lodovica (Lodovica) applied for a credit card with respondent, with Vicente Ongkeko acting as surety. Her application was approved and she was originally given a P3,000.00 credit limit. When Lodovicas card expired in 1991, it was renewed and her credit limit was increased to P10,000.00. As of May 12, 1996, Lodovica had an outstanding balance of P22,476.61. On May 28, 1996, respondent brought an action for sum of money against Lodovica and petitioner. Petitioner filed his Answer admitting his undertaking, but he maintained that he can only be liable for the original credit limit ofP3,000.00, and that the renewal of the credit card without his consent extinguished his undertaking. The MTC rendered judgment on January 31, 2000, finding petitioner liable to the amount of P22,476.61 as of plus the interest of 3% per month and 1% penalty charge per month from date of the filing of the complaint. The RTC affirmed the decision of the MTC. The CA also affirmed the lower courts decisions when it dismissed the petition for review filed before it. The CA, however, deleted the award of attorneys. Issues: 1. Whether petitioner is liable for the purchases made by Lodovica after the expiration of the original term because he was not notified of the renewal of the credit card and the increase of the credit limit. 2. Whether the surety undertaking, being a contract of adhesion, should have been taken against BPI. Held: As regards Issue number 1: Petitioners case is not a novel one. In the analogous case of Molino v. Security Diners International Corporation, the Court already had the occasion to rule that suretyship under these circumstances is a continuing one and the surety is bound by the liabilities of the principal until it has been fully paid. Petitioner cannot seek sanctuary in his arguments considering that the terms and conditions of his undertaking are unambiguous and well defined; there is no room for any interpretation only application. Given that Lodovica reneged on her obligations covered by the credit card account, petitioner is, therefore, liable.
As regards Issue number 2: Indeed, petitioners surety undertaking partakes the nature of a contract of adhesion, in that the stipulations were unilaterally prepared and imposed by respondent on a take-it-or-leave-it basis; however, the Court has also ruled that such a contract is "as binding as ordinary contracts, the reason being that the party who adheres to the contract is free to reject it entirely." Petitioner is the employer of Lodovica. It is safe to assume that he takes great care of his affairs and he very well knows the potential consequences of his acts. He took on the responsibility freely and intelligently, and whatever liability he may have incurred in this case is one within bounds of the law. WHEREFORE, the petition is DENIED for lack of merit.